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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DENLINGER, BENNINGHOFF, BELFANTI, BEYER, BOYD, BRENNAN, CLYMER, DAY, FAIRCHILD, FLECK, GEIST, GINGRICH, HUTCHINSON, MANN, D. O'BRIEN, PERRY, ROAE, ROCK, ROHRER, STERN AND J. TAYLOR, MARCH 12, 2009 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 12, 2009 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, further providing for powers and |
3 | duties of Municipal Police Officers' Education and Training |
4 | Commission. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 2164(1) of Title 53 of the Pennsylvania |
8 | Consolidated Statutes, amended October 9, 2008 (P.L.1385, |
9 | No.105), is amended to read: |
10 | § 2164. Powers and duties of commission. |
11 | The powers and duties of the commission shall be as follows: |
12 | (1) To establish and administer the minimum courses of |
13 | study for basic and in-service training for police officers |
14 | and to revoke an officer's certification when an officer |
15 | fails to comply with the basic and in-service training |
16 | requirements or is convicted of a criminal offense or the |
17 | commission determines that the officer is physically or |
18 | mentally unfit to perform the duties of his office. |
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1 | (2) To approve or revoke the approval of any school |
2 | which may be utilized to comply with the educational and |
3 | training requirements as established by the commission. |
4 | (3) To establish the minimum qualifications for |
5 | instructors, to approve or revoke the approval of any |
6 | instructor and to develop the requirements for continued |
7 | certification. |
8 | (4) To promote the most efficient and economical program |
9 | for police training by utilizing existing facilities, |
10 | programs and qualified Federal, State and local police |
11 | personnel. |
12 | (5) To make an annual report to the Governor and to the |
13 | General Assembly concerning the administration of the |
14 | Municipal Police Officers' Education and Training Program and |
15 | the activities of the commission, together with |
16 | recommendations for executive or legislative action necessary |
17 | for the improvement of law enforcement and the administration |
18 | of justice. |
19 | (6) To require every police officer to attend a minimum |
20 | number of hours of in-service training as provided for by |
21 | regulation, unless the officer's employer files a show cause |
22 | document with the commission requesting additional time for |
23 | the officer to comply with the in-service training |
24 | requirements. Approval of this request shall be made by the |
25 | commission on a case-by-case basis. |
26 | (7) To require all police officers to undergo a |
27 | background investigation to determine the individual's |
28 | suitability for employment as a police officer. This |
29 | investigation shall be completed prior to the employment of |
30 | the officer and shall include a criminal history check, a |
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1 | credit check, personal interviews and any other applicable |
2 | means of determining eligibility. An applicant who has been |
3 | convicted of a felony or serious misdemeanor shall not be |
4 | eligible for employment as a police officer. |
5 | (8) To require minimum standards for physical fitness, |
6 | visual acuity, audio acuity, psychological evaluation and |
7 | education as prerequisites to employment as a police officer. |
8 | The standards shall require an applicant to have audio acuity |
9 | sufficient to distinguish a normal whisper at a distance of |
10 | 15 feet. The test shall be independently conducted for each |
11 | ear while the tested ear is facing away from the speaker and |
12 | the other ear is firmly covered with the palm of the hand. If |
13 | the applicant fails this test, the applicant shall be |
14 | required to take and pass a decibel audio test. The applicant |
15 | may use a hearing aid or other aid to perform any audio |
16 | acuity test required under this subsection. |
17 | (9) To appoint an executive director to administer the |
18 | training program established by this subchapter. The position |
19 | of executive director shall be filled by the commission which |
20 | shall select the best qualified person from a list of three |
21 | persons nominated by the chairman. The person who receives a |
22 | simple majority of those members present and voting shall |
23 | become the executive director. If the commission rejects all |
24 | nominees, then the process shall be repeated until a person |
25 | is selected. The executive director shall be directly |
26 | responsible to the commission and may be dismissed only by |
27 | two-thirds vote of the commission. The executive director |
28 | shall employ a sufficient staff, including professional, |
29 | administrative and clerical personnel, to perform the tasks |
30 | of the office, including the preparation of an annual budget. |
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1 | (10) To consult and cooperate with universities, |
2 | colleges, community colleges and institutes for the |
3 | development of specialized courses for police officers. |
4 | (11) To consult and cooperate with departments and |
5 | agencies of this Commonwealth and other states and the |
6 | Federal Government concerned with police training. |
7 | (12) To certify police officers who have satisfactorily |
8 | completed basic educational and training requirements as |
9 | established by the commission and to issue appropriate |
10 | certificates to those police officers. |
11 | (13) To visit and inspect approved schools at least once |
12 | a year. |
13 | (14) To make such rules and regulations and to perform |
14 | such other duties as may be reasonably necessary or |
15 | appropriate to implement the education and training program |
16 | for police officers. |
17 | (15) To grant waivers of mandatory basic training to |
18 | police officers who have successfully completed previous |
19 | equivalent training or who have acceptable full-time police |
20 | experience, or both. |
21 | Section 2. This act shall take effect in 60 days. |
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